§ 17-1708 — Trustees as town board

§ 17-1708 Trustees as town board. 1. In any village which has been or\nmay hereafter be incorporated to embrace the entire territory of a town\nthe town board of such town may, upon its own motion, and shall on a\npetition signed and acknowledged by not less than fifty taxpayers of the\nsaid town submit at any biennial town meeting or at any special town\nmeeting called for the purpose, a proposition substantially in the\nfollowing form: "Shall the board of trustees of the village of\n..............constitute the town board of the town of ............ for\nall purposes?" In case the said proposition be adopted by a majority\nvote of the electors of the said town voting thereon, the board of\ntrustees of the said village, as the same shall be constituted from time\nto time, shall, from and after the first day of January next following\nthe date of the said election, constitute the town board of the said\ntown for all purposes, and shall have all the rights, powers and duties\nthereof and neither the supervisor nor the town clerk, nor the justices\nof the peace of the said town, shall, by virtue of their offices, be\nmembers of the said town board. The town board of the said town as so\norganized shall keep a separate journal of its proceedings and the town\nclerk shall be the clerk thereof.\n 2. If in the village of Scarsdale in Westchester county, a proposition\nhas been adopted as set forth in subdivision one of this section, and\nthe supervisor is not, by virtue of his office, representative of the\ntown or the county board or other county legislative body, such town\nboard of the town may by local law or ordinance abolish the position of\nsupervisor and thereupon shall assign his duties to such official or\nofficials as it may determine.\n 3. In any village which has been or may hereafter be incorporated to\nembrace the entire territory of a town, the proposition proposed and\nsubmitted as provided in subdivision one of this section, may be in\nsubstantially the following form: "Shall the offices of town supervisor\nand town council member, as presently constituted, be deemed vacant and\nthe mayor and board of trustees of the village of\n_______________hereafter constitute the supervisor and town board,\nrespectively, of the town of _________________for all purposes?" In case\nthe said proposition be adopted by a majority of the electors of the\nsaid town voting thereon, the mayor of the said village, as the office\nshall be held from time to time, and the board of trustees of the said\nvillage, as the same shall be constituted from time to time, shall, from\nand after the first day of January next succeeding the date of said\nelection, constitute the supervisor and town board of the said town for\nall purposes, and shall have all the rights, powers and duties thereof\nand neither the town clerk, nor the town justices of the said town,\nshall by virtue of their offices be members of the said town board. The\ntown board of the said town as so organized shall keep a separate\njournal of its proceedings and the town clerk shall be the clerk\nthereof.\n 4. In any village where a proposition has been adopted as provided in\nsubdivisions one or three of this section, the incumbent and successor\nholders of any village offices which thereby are constituted as town\noffices shall, by virtue of their village offices, also hold such town\noffices; and, from and after the date of adoption of such proposition,\nno separate election for such town offices shall be conducted.\n 5. Notwithstanding the provisions of article seventeen of the election\nlaw, elections held in incorporated villages which are incorporated as\ncoterminous village pursuant to the provisions of this chapter shall be\nconducted in the same manner as election for town offices.\n